NEW YORK — Over one-dozen current and former restaurant workers for a New York hotel recently filed a federal class action lawsuit against the business, claiming the defendant underpaid workers, denied overtime, and went as far as to retaliate against at least one employee after she confronted management about pay discrepancies. While the case is still in the early onsets, a Department of Labor administrative panel sided with one employee in her related employment action after she said management for the Radisson Hotel Rochester Airport harassed, suspended, and ultimately terminated her employment when she asked for her due wages.

Under the federal Fair Labor Standards Act (FLSA), discussing wage issues with employers is a “protected activity,” meaning employers cannot fire workers simply for asking they be paid for all their hard work. In instances of retaliation, plaintiffs may be entitled to financial compensation from the employer, reinstatement with seniority, and other damages. Sadly, this type of maliciousness is a far too common to prevent workers from standing up for their rights and recovering all their due pay.

According to the plaintiffs’ lawsuit, filed in U.S. District Court, the defendant engaged in a variety of wage theft practices to deny workers all their hard earned pay for their hours spent on the job. Those claims include allegations the defendant withheld tips included in banquet parties. Often times, restaurants include “service fees” to bills which many patrons innocently mistake to understand the gratuity for the tip earning employees has already been calculated into the bill when in fact the business simply pockets this income.

Additionally, the plaintiffs claim the defendant paid less than minimum wage for non-tip-earning duties like acting as hosts. Furthermore, the plaintiffs assert the defendant should have paid the workers minimum wage for the time spent on the job after the restaurant closed. Lastly, the plaintiffs claim the defendant denied workers meal and rest breaks but made deductions from payroll hours nonetheless.

Restaurant Worker Unpaid Overtime Lawsuits

Call (855) 754-2795 or complete the Free Unpaid Overtime Case Review form on the top right of this page if you feel that your wage rights are being violated under the FLSA. Our top-rated team of unpaid wage lawyers will evaluate your situation to determine your best course of action to help you seek justice.

Our office will also determine if it is in your best interest to file a lawsuit against your employer. Because strict time limitations apply for filing these types of claims, we advise you contact our experienced unpaid overtime wage attorneys at your earliest convenience and preserve your legal rights.

Featured Companies

Featured Industries

We are unpaid overtime pay lawyers handling cases for employees who have been not been paid or denied their overtime wages by their employer. We also handle wage and hour lawsuits and minimum wage cases. Our legal team networks with law firms throughout the United States to file individual lawsuits and overtime pay class action lawsuits against companies in Alabama, Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Delaware, Florida, Georgia, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Kentucky, Louisiana, Maine, Maryland, Massachusetts, Michigan, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Hampshire, New Jersey, New Mexico, New York, North Carolina, North Dakota, New Mexico, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon, Pennsylvania, Rhode Island, South Carolina, South Dakota, Tennessee, Texas, Utah, Vermont, Virginia, Washington, West Virginia, Wisconsin, and Wyoming.